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VACUUM CON. CORP. of A. v. BERLANTI C. CO.

206 Pa.Super. 548 (1965)

Vacuum Concrete Corporation of America v. Berlanti Construction Company, Inc., Appellant.

Superior Court of Pennsylvania.

November 10, 1965.

Attorney(s) appearing for the Case

Robert B. Greer, with him Butler, Beatty, Greer and Johnson, for appellant.

William C. Archbold, Jr., with him Louis A. Bloom, Leonard L. Creskoff, and Kassab, Cherry, Curran and Archbold, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, and HOFFMAN, JJ. (FLOOD, J., absent).

OPINION BY MONTGOMERY, J., November 10, 1965:

Plaintiff-appellee Vacuum Concrete Corporation of America (Vacuum Concrete) in an action of assumpsit recovered a judgment against the defendant-appellant Berlanti Construction Company, Inc. (Berlanti) following a nonjury trial before Hon. FRANCIS J. CATANIA. In the same action a counterclaim filed by Berlanti was dismissed. These appeals by Berlanti followed.

The basic facts are not seriously in dispute and may...

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